You’ve been in a car accident. The other side is at fault, and you’re waiting for the insurance check.
Then, you hear from the insurance company. They say you’re at fault or have shared fault, so they’re not fully going to pay. This is an all too common story. The reality is that none of the insurance companies, including your own, have your best interest at heart.
Like all other business, their objective is to maximize profits and any price including to the human that paid for an obtained the insurance policy to protect them.
Now what? It is important to know how to dispute car accident faults or what is referred to as “liability”. Our experienced San Bernardino car accident lawyers explain.
Five Ways To Dispute Car Accident Fault in California
- Challenge the police report
You may contact the law enforcement officer who wrote the report. You can give them more information and ask them to amend the report. Amendments are any changes to the original report. Since police officers can sometimes be quick to finish the paperwork associated with an accident, there is a chance they are missing a lot of important information that can impact a person’s liability such as witnesses, additional facts, etc.
However, the police report isn’t the final say on fault or liability. The opinion of the investigating officer is not conclusive. In fact, a police report is considered hearsay and is actually precluded from evidence at the time of trial. The insurance company can pay, or refuse to pay, regardless of what’s in the police report. Still, it can help to correct inaccuracies in the report and to add more detail about the incident. A common strategy to discount an officer’s opinion about who is at fault is to show through the attorneys at LA Century Law that the officer was missing pertinent information when he or she drafted the police report.
- Contest a ticket in court
If you were given a ticket, you have the right to have a court hearing about the ticket. You must follow the steps to contest a citation. You can also request a “Trial by Written Declaration” which allows you to dispute a ticket without even setting foot in Court. This form can easily be found online.
You also have the right to appear in person for a hearing. At your hearing, you’ll have the opportunity to present evidence, request evidence, question the officer who wrote you the ticket, and present information to the court. The resolution of the insurance claim doesn’t directly depend on the outcome of a ticket hearing, but it can be helpful to have the ticket thrown out.
- Give more information to the insurance company
Review the reasons the insurance company gave for their determination. There may be clues about how to approach your response. It may be possible to present more information to the insurance company. They may not have all the facts, or there may be things they hadn’t considered. Supplying them with additional information may result in a new determination. You should approach any discussions with the insurance company strategically. A California car accident lawyer may assist you.
- Send the insurance company a demand letter
A demand letter is sent to the insurance company. It summarizes the case and what you want to receive in compensation. A demand letter explains the case in clear terms and lets the insurance company know you’re serious about pursuing your compensation. A letter should contain the necessary information without giving away your legal strategy.
You can have a lawyer assist you in preparing a demand letter.
- Take your case to court
If necessary, you can dispute fault in a car accident claim in California by taking your case to court. This is a civil case that is different from contesting a ticket. In court, a neutral judge or jury decides fault. Ultimately, the judge or jury, rather than the insurance company, has the final say at trial.
California fault = comparative negligence
California is a pure comparative negligence state, so fault is not an all-or-nothing question. Sometimes, you’re disputing the amount of fault, rather than whether someone has any fault. However, an incorrect determination of the amount of fault can still make it necessary to dispute fault in a California car accident.
Understanding Fault Determination in California Car Accidents
- Fault for a California car accident is based on negligence.
- Negligence is a lack of reasonable care. It is doing something carelessly—or not doing something—that creates an unreasonable risk of harm.
- Fault doesn’t necessarily have to be a traffic violation, but most traffic violations are evidence of negligence.
- Usually, a driver is at fault. However, others, such as a vehicle manufacturer or government responsible for road maintenance and traffic flow, can be at fault.
- Multiple parties can be at fault. In California, a party may receive reduced compensation if they have some level of fault.
How Insurance Companies Assign Blame After an Accident
The insurance company will look at the circumstances and evaluate negligence. They will consider:
- Your statement
- Photographs
- Witness statements
- Accident report
- Traffic laws
- Fault laws that apply to the accident
- Other relevant information
The insurance company may decide that a party is wholly at fault or that blame is shared. After the fault determination, they decide what they’re willing to pay in compensation based on the insurance policy and damages.
Common Mistakes That Can Wrongfully Place You At Fault
- Fleeing the scene
- Saying you’re sorry
- Failing to call the police
- Not taking photographs, if you’re physically able to do so
- Going without medical attention
- Waiting to notify the insurance company
- Changing your story about what happened
- Second-guessing yourself when questioned by others
Steps To Take Immediately if You’re Being Blamed for an Accident
If you’re blamed for an accident, stay calm. Avoid arguing with the insurance representative or another party because you might say things you later wish you hadn’t.
Don’t apologize or say you’re sorry.
Review the reasons that you’re being blamed. Get a copy of the police report so that you can review it for errors.
Take the steps to contest a ticket if you’ve received one. See if there are nearby businesses that might have cameras that capture the accident.
Talk to a lawyer as soon as possible. They can help you strategically respond to the insurance company and take other important steps if you’re blamed for an accident.
The Role of Witness Testimonies in Disputing Fault
Many car accident fault determinations come down to witness testimony. For example, when an accident occurs in an intersection, the question is whether the light was green or which party ran a stop light. These are often witness questions.
Questioning witnesses can be a challenging task. A witness may not have been in a good position to see, may not have been paying attention, or may have bias. Witnesses play an important role in disputing fault, and it’s important to elicit this testimony reliably and persuasively.
Contact an Experienced San Bernardino Car Accident Lawyer
If someone is saying you’re at fault for a car accident in California, we invite you to contact an experienced San Bernardino car accident lawyer. At LA Century Law, we know how to dispute fault in a car accident in California. We have a 99% success rate.